Congress’ enactment of differing fees for U.S. Trustee states and Bankruptcy Administrator states violated the uniformity provision of the Bankruptcy Clause of Article I of the Constitution. (Sotomayer) Siegel v. Fitzgerald, 2022 WL 1914098 (S.Ct. June 6, 2022) Case Summary In 2008, the retail chain, Circuit City Stores, filed a Chapter 11 petition. In 2010, Circuit City’sliquidating plan was confirmed...
Ethical Issues in Bankruptcy Cases – Part IV**
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By Paul W. Bonapfel, United States Bankruptcy Judge, Northern District of Georgia*
Part IV
THE ATTORNEY-CLIENT PRIVILEGE IN BANKRUPTCY LITIGATION
The intervention of bankruptcy of the client has significant impact on the attorney-client privilege.
1. Claim of Federal or State Law to Govern Privilege Issues.
An initial question is whether state or federal law relating to the privilege applies. Rule 501 of the Federal . . .
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